Legal Opinion

Rollins v. . Wicker

Supreme Court of North Carolina

Decided April 5, 1911PublishedCited by 15 opinions

Appeal by plaintiff from W. R. Allen, J., at November Term, 1910, of Lee. The facts are sufficiently stated in the opinion of the Court by Mr. Justice Walker.

1Opinion of the CourtWalker, J.

This is an action for the recovery of land. Plaintiff claimed that she inherited the land from her father, Thomas Rollins, and the sole question in the case is as to her legitimacy. Her father and mother were married at the time of his death. The evidence as to the time of the plaintiff’s birth was conflicting. The jury found that Thomas Rollins owned the land at the time of his death; that plaintiff is not his heir at law, and, therefore, is not the owner of the land. There was a finding as to defendant’s title, but that is not material, as plaintiff must recover upon the strength of her own…

2Cases cited12 opinions

  1. Harris v. Central RailroadSupreme Court of Georgia · 1887
  2. Bost v. . BostSupreme Court of North Carolina · 1882
  3. Barnhardt v. . SmithSupreme Court of North Carolina · 1882
  4. Insurance Co. v. SeaSupreme Court of the United States · 1874
  5. Smiley v. . PearceSupreme Court of North Carolina · 1887

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3Cited by15 opinions

  1. United States v. Mid-Continent Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1933
  2. Martin v. P. H. Hanes Knitting Co.Supreme Court of North Carolina · 1925
  3. Williams v. BinkleyCalifornia Court of Appeal · 1960
  4. In Re Last Will & Testament of SoutherlandSupreme Court of North Carolina · 1924
  5. Pace v. . McAdenSupreme Court of North Carolina · 1926

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